Hilda Yunita Sabrie
Faculty Of Law, Ailangga University

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Journal : JURNAL FIAT JUSTISIA

The Product Characteristic of Electronic Money from the Perspective of the Negotiable Instruments Law Geigiansyah Aulia Putra; Hilda Yunita Sabrie; Prawitra Thalib
Fiat Justisia: Jurnal Ilmu Hukum Vol 11 No 4 (2017)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v11no4.1110

Abstract

The development of currency trading is not only using the cash as a payment instrument for a transaction. For example is the emergence of non-cash payments such as negotiable instruments. That type of instrument offers a more effective and safer way than using the cash. Along with the development of the technology, a non-cash payment innovation emerged, which characteristics, at a glance, similar to negotiable instruments, such as credit cards, debit cards, and electronic money products which gives a safer and more efficient way than using the cash for a transaction. Based on this, led to the view that non-cash payment instruments such as credit cards, debit cards, and electronic money products can be classified as negotiable instruments. However, that classification must be done by reviewing the relevant regulations, such as Commercial Code and else and also observing the doctrines in the perspective of the science concerned, to state that the development of such instruments can be classified as negotiable instruments or not.Keywords:    Negotiable instruments, Letter of Value, Credit Cards, Debit Cards, Electronic Money Products, Classification.
The Principle of Good Faith in The Choice of Law of Foreign Direct Investment Contracts in Indonesia Rizky Amalia; Hilda Yunita Sabrie; Widhayani Dian
Fiat Justisia: Jurnal Ilmu Hukum Vol 12 No 2 (2018)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v12no2.1306

Abstract

Applying the principle of good faith in the choice of law is one of the most common problems of international business contract, particularly in foreign direct investment contracts. The implementation of the principle of good faith in the choice of law increasingly reduced by the emergence of some problems in the investment contract, which of course, the most aggrieved entities are domestic investors who also host country. The choice of law has an important role in the contract because it concerns the interests of each of the parties, and the principle of good faith as a priority principle of international contract law should be applied as the basis for determining the choice of law for the parties to a contract. This paper examines the principle of good faith in the choice of law to realize justice among the parties with different laws, especially on private and public investment contracts between foreign investors and domestic investors in Indonesia, in the process of formation, implementation, or post-contract. This paper is legal research that is normative, meaning that this research is based on the prevailing laws and regulations in Indonesia. Then, the approach used is statute approach and conceptual approach. So it is expected that between the rules and the concept of existing topics will be aligned. Keywords: Choice of Law, Foreign Direct Investment Contracts, Principles of Good Faith.